NYC Tenant Lawyer Blog

No C of O, No Rent

Let’s say you rent an apartment in a building or house where three or more families live. If the owner/landlord doesn’t have a Certificate of Occupancy that describes or permits your living quarters, he or she can be restricted from collecting rent in a law suit. However, applying the rules governing these situations is a complex Landlord Tenant matter. As always, there’s no guarantee a judge will rule in your favor, even if the landlord hasn’t abided by New York State and NYC building laws. Consequently, implementing this defense successfully generally requires you to retain a tenants’ attorney, rather than attempting to go it alone.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

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McAdams Law
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New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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Copyright 2011 McAdams Law

The "Stale Rent" Defense: A Strategy to Avoid Eviction When You Owe A Lot

When landlords want to evict tenants, one of their nastier tactics is to wait until rent in arrears builds up to a level that would be difficult or impossible to pay all at once. This method can allow unscrupulous property owners to evict while leases are still in effect, possibly sidestepping rent-regulation protections.

If you believe this is what your landlord is doing, you can assert “laches,” also known as the “stale rent” defense. The elements you must prove to be successful are:

• Your landlord delayed suing you for rent. The landlord’s petition is often enough evidence of this. A few judges have ruled that to avoid eviction, the tenant must only pay the first three months claimed in arrears. However, most judges require payment of between six and twelve months.

• You had a valid reason to believe the landlord would not enforce a claim for the past due rent. If the landlord neglects repairs and appears to have “walked away from the building,” it’s reasonable to believe there wouldn’t be a suit for nonpayment. Once the suit starts though, you begin to owe rent while it’s pending – these current or ongoing amounts cannot be part of the stale rent defense.

• Because of the delay you lost your ability to pay the back rent due. A limited bank account when the suit began can be enough to show that the delay hurt your ability come up with the money.

If your defense prevails, while the landlord may get a judgment for the full arrears, there will be a limit on how much of it must be paid to avoid eviction. When the stale rent defense is combined with other assertions, such as bad conditions or counterclaims for attorneys fees, the net result is that you can be exempted from having to pay any of the back rent in dispute.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Don't Be Pressured To Settle

There is often a great deal of pressure in Housing Court to settle matters rather then proceed to trial. Frequently, settling is in fact the best option, as it saves the expense of trial and exposure to paying your adversary’s attorneys fees. However, when a landlord is unwilling to acknowledge fundamental tenant rights, then a trial is required to assert them. If you feel this is the situation in your case, do not be intimidated into settling. If you have to go to trial, it’s to your advantage to discuss options with a tenants’ lawyer, who can advise on what the probable outcome will be for each available course of action. The point is that it’s just not always possible to avoid a court battle if you want to safeguard your rights.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Get Relief from the Costs of an Appeal

Since appealing a case can be very expensive, the Court has procedures to assist those who cannot sustain the costs of filing documents and printing the transcript of the trial. A judge can waive certain court costs if you can prove that they’re beyond your means. This is referred to as “Poor Person’s Relief,” which can also waive the requirement that the person appealing pay money to put an eviction on hold while the appeal goes forward. If the appeal wins and reverses the lower court’s decision, there is a chance that the landlord will have to pay attorneys fees.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

No Alterations Without a Work Permit

For structural work and construction that changes occupancy, landlords need permits from the New York City Department of Buildings. The law requires permits and inspections to protect against work that is not up to standards set by city codes. If your landlord tries to get around this, there are several ways you can use it to your advantage.

For example, if repairs are necessary in your apartment or the building, and the landlord is attempting to do unauthorized work that doesn’t conform to code, it may pose a danger to tenants. Calling 311 to place a complaint can halt the work, require the landlord to obtain a permit, and adhere to established lawful standards with licensed workers.

If you are renting in a smaller property and the landlord wants to make alterations that would encroach upon rights afforded by your lease, lodging a complaint can stop construction activity.

Sometimes landlords subdivide rental units in ways that are illegal. Filing a complaint can prevent this and help to protect your rights.

Strategically, forcing the landlord to comply with requirements he or she may attempt to evade makes it more expensive to continue fighting with you. Still, you’ll want to carefully evaluate whatever course of action you choose to pursue, because you may turn the landlord into an enemy. In that instance, if your lease is unregulated it may not be renewed. There’s no guarantee that further court action after that will keep your tenancy intact.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Pay Utility Bills To Get Service Restored and Deduct It From The Rent

Under the law, if the landlord doesn’t pay utility bills in a multiple dwelling building and service is shut off, tenants can cover the expense to restore it. You can then deduct the cost of money paid to the utility provider from your rent. This applies to electric, gas and water services. The landlord is liable for these costs and may also be subject to a claim for punitive damages, which are intended to punish severely negligent conduct.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Send a Letter From the Tenants' Association

You don’t always need a full-blown rent strike to get the landlord to take appropriate action in providing building services or making repairs. Organizing a tenants’ association has the advantage of putting the landlord on notice that you intend to act as a unified group in pursing your rights. A letter from a group of tenants that has taken this position is likely to be much more effective than individual letters. The landlord will realize that there is now the potential for a major legal problem that can greatly affect cash flow and profits. Sometimes this is enough to exact compliance. So if multiple tenants are affected by substandard condition, it can pay to organize even if you never actually pursue a rent strike.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law